Loss of productivity is one of the significant effects of personal injury. An employed or self-employed victim can be rendered unable to work for days or longer as they recover from their injuries. Being robbed of the only stable source of income can leave them financially strained, especially after the medical bills start piling up.
This aspect is an integral tenet in the arguments of a personal injury attorney in Jacksonville and other cities. The attorney can secure substantial compensation if they can make a solid case that the accident has affected their client’s ability to make a living. How they go about that depends on how much evidence the affected party can secure.
Know What’s Covered
Lost wages fall under what legal experts call ‘economic loss,’ a quantifiable amount lost because of injuries sustained. It’s easy to prove something recorded in receipts and paystubs compared to pain and suffering (categorized as non-economic loss).
Contrary to popular belief, lost wages don’t only refer to the income that the victim receives for every hour at work. It includes overtime, company perks and bonuses, sick and vacation leaves, and tips. These details should show the income the victim had missed out on earning.
One caveat is that this tip applies mainly to past lost earnings or income lost up to the claim’s resolution (on or off-court). Legal experts say proving future lost income is more challenging because of several unknown factors that the other party can dispute.
Gather The Necessary Documentation
The good thing about gathering the necessary documentation is that they can all come from one source: the victim’s employer. The more documents the victim can produce, the stronger their personal injury claim. The most important ones include:
- Last year’s Wage and Tax Statement (IRS Form W-2)
- Collection of paystubs before and after the accident
- Salary/Wage Verification Form (filled by the employer)
- Bank statements
Self-employed individuals (i.e., business owners, freelancers) have a different list of required documents. These include but aren’t limited to:
- Business tax returns
- Accounts receivable
- Checks received for rendered services
- Business banking records
- IRS forms for freelancers
Experts advise that self-employed individuals prepare these records with the aid of an accountant or a third-party service provider. It also won’t hurt to request the account number be black-lined to protect the claimant’s private data.
Don’t Forget Medical Records
Despite talking about proving lost wages, the most crucial document doesn’t directly speak about the victim’s finances. All financial information furnished might not matter without proof of the injury itself. As such, medical records are as much of a priority, if not more.
Lawyers often say that the information presented in medical records can make or break a claim. Simply put, it shows relevant parties how bad the victim’s injuries are and why demanding just compensation is justified. Some examples of medical records are:
- The doctor or specialist’s diagnosis
- Notes of every doctor’s appointment
- Itemized medical billing statements
- Medical test results
- Progress of physical rehabilitation
- Doctor’s prescriptions
- Diagnostic imaging (e.g., x-ray scans)
- Photos of the injury fresh from the accident
Securing medical records entails filing a medical records release request to the healthcare facility that handled the victim’s treatment. Federal law mandates that the facility provides all requested documents within 30 days, though one can ask to do so earlier. If the facility needs more time to prep the records, it must explain the reason for the delay and a specific final date.
Of course, some of these records are already available, such as itemized bills and prescriptions. Gathering them from the start is ideal for establishing a solid argument.
Work Closely With A Lawyer
With the necessary records on hand, the next course of action should be looking for a lawyer to take the case. Personal injury cases pay great attention to detail; one mistake can deny a victim just compensation. Lawyers know this and do everything they can to force a favorable verdict.
Upon selecting a lawyer, it pays to get involved in every step of the personal injury case. The lawyer may be well-versed in this field of law and may offer sound suggestions, but the final decision always rests with the client. Working closely with a lawyer will help you make well-informed decisions moving forward.
Conclusion
Getting hurt in an accident is as expensive as it is painful. You’re entitled to compensation for everything you’ve spent on treatment and other expenses, but convincing the other party needs solid evidence. Take these tips to heart to secure the compensation you deserve.